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October 31, 2006

Constitutional Popular Culture

I spend a lot of time in my constitutional law class discussing with my students how the predominant rule of Marbury v. Madison (that it is the Supreme Court who "says what the law [the Constitution] is" ) is not how things work in practice. Congress interprets the Constitution and implements that interpretation through, among other ways, its section 5 powers under the Fourteenth Amendment (see Katzenbach v. Morgan; cf. City of Boerne), to say nothing of its section 2 powers under the Thirteenth Amendment (see Jones v. Alfred Mayer). The President interprets the Constitution and implements that interpretation through, among other ways, his "take care" powers (most obviously these days through the current executive's use of signing statements). State elected officials also swear oaths to the Constitution, promising that their duties be discharged in conformance with that supreme document, which would presume thoughtful attention to what that document demands (what it means).

I would guess that many of us have not sworn oaths to uphold the Constitution, but that does not preclude us from interpreting it and making it meaningful in and through our daily lives. Indeed, as many constitutional law professors can probably verify, law students come to constitutional law class misbelieving the scope of their constitutional rights. What contributes to that misbelief? So much of our every day life, our popular culture, advertising. See this company, for example, whose advertisement I pondered on the way to work. Against a red, white and blue background, the ad copy read: "Divided We Stand, United We File." It had a picture of two wedding rings, one plain the other diamond-laden. And then it said underneath the rings and next to an image of the cracked liberty bell, "We, The People." I had no idea what the ad was for -- gay marriage (was this about tax fraud, filing federal forms seperately and state forms jointly (at least here in Massachusetts)? A ballot initiative? I got to thinking about all the ways these ubiquitous phrases could be meaningful. When I finally made my way to the front of the subway car, I saw it was a document filing service. What??

The language of our constitutional polity -- united and divided (federalism?), "we, the people," (democracy and individuality) -- circulates everywhere, consciously and unconsciously. Perhaps this is just too obvious for most readers, but as I slog through some difficult cases with my constitutional law students, I am reminded by them that this constitutional law stuff feels unfamiliar to them, strange, difficult -- at least the constitutional law stuff we talk about in class. The "We, the People" advertisement, well, they knew that one. That one was familiar. And so I got to thinking more about how their misbelief (usually in the form of thinking we each have broader and more constitutional rights than we actually might) works to constitute a more generous (and perhaps more contentious) polity. For example, invoking the rhetoric of equality and privacy and individual freedom all in bald terms helps claims a stake in these concepts for the on-going vitality and deliberativeness of our society. Whether they are claimed correctly or not does not seem to be what matters. Indeed, contested claims -- more circulation and more varied interpretations of constitutional meaning -- may be what keeps us talking. At least such is the case in my constitutional law class.

We’re always on the go trying to accomplish so much, aren’s we? Getting groceries, cleaning the house, mowing the lawn - there’s always something. It’s so easy to get caught up in everyday life that we forget how simple it can be to bring cheer to ourselves and others.

This will be great for brand advertisers, as they will be able to reap the rewards of all the equity they have built up. Many policies (including the new Google trademark policy) work in favor of affiliates and resellers, while this goes back to Google roots and is benefiting the user experience and connecting them directly with the brand they are looking for.

If you have been issued with a winding up petition for your company because the company owes money. You can pay the money owed before the court date and get the case droped or fight it if you believe it to be worth defending.

Moe Nawaz is recognised as the UK's Most Trusted Insolvency Auditors and mastermind business coach. He has worked in the turnaround industry since 1989. Moe helps over 500 business people every year via a free advice line ukadvice.com. Moe is the founder of mastermind business coaching and a mastermind executive coach himself. His clients include high tech companies, manufacturers, financial services, entrepreneurs and family run businesses throughout Europe. He has been featured on TV, Radio and other Media.